''Paola Faccini Dori v Recreb Srl '' (1994
C-91/92
is an

EU law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...

case, concerning the conflict of law between a national legal system and European Union law.

Facts

Interdiffusion Srl concluded a contract with Miss Faccini Dori at Milan Central Railway Station for an English language correspondence course. Miss Dori cancelled her order, but was then told Interdiffusion had assigned a claim against her to Recreb Srl. Miss Dori asserted she had a right of cancellation within 7 days under the

Consumer Long Distance Contracts Directive A consumer is a person or a group who intends to order, or uses purchased goods, products, or services primarily for personal, social, family, household and similar needs, who is not directly related to entrepreneurial or business activities. T ...

85/577/EEC. Italy had not taken steps to transpose the Directive into national law. The Italian Court, the Giudice Conciliatore di Firenze, ordered Miss Dori to pay the money. She objected, and the court made a reference to the European Court of Justice.

Judgment

Advocate General Opinion

AG Lenz favoured horizontal direct effect.

Court of Justice

The Court of Justice held that Miss Dori had a right under the Directive, its provisions were unconditional and sufficiently precise, but without national implementing law she could not rely on the directive itself in an action against another private party: this followed

TEEC The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was sig ...

article 189 (now

TFEU The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...

article 288) saying that Directives are 'binding only in relation to "each Member State to which it is addressed".' However, the court would be under a duty to interpret national law, as far as possible in line with the Directive's purpose. Moreover, the state would have to 'make good the damage' caused for failure to implement the law.

Notes

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References

*G De Burca, 'Giving Effect to the European Community Directives' (1992) 55 MLR 215 *Mead, 'The Obligation to Apply European Law: Is Duke Dead?’ (1991) 16 ELR 490 *Greenwood, ‘Effect of EC Directives in National Law’

992 Year 992 ( CMXCII) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Worldwide * Winter – A superflare from the sun causes an Aurora Borealis, with visibility as fa ...